This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Board Gas Marketers Regulations (Nova Scotia)

made under

Section 41 of the

Gas Distribution Act

S.N.S. 1997, c. 4

N.S. Reg. 138/2003 (August 1, 2003)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

[Citation]

[Interpretation]

Part I—Requirement for Gas Marketers Licence

Part II—Application for Gas Marketers Licence

Variance from

Section 4.1

Term of Licence

Transfer of Licence

Fees and Costs

Part III—Customer Contracts

Part IV—Adherence to Codes of Conduct

Appendix “A”—Application for a Gas Marketers Licence

[Citation]

1 These regulations may be cited as the Board Gas Marketers Regulations (Nova Scotia) .

[Interpretation]

2 In these regulations, unless the context indicates otherwise, words and expressions have

the same meaning as in the Gas Distribution Act and the Gas Distribution Regulations

(Nova Scotia) enacted under S. 42(1) of the Act.

Part I—Requirement for Gas Marketers Licence

3 In accordance with the Gas Distribution Act , S. 24, any person who acts or purports to

act as a gas marketer must hold a valid licence issued by the Nova Scotia Utility and

Review Board (Board).

Part II—Application for Gas Marketers Licence

4.1 An application for a gas marketers licence shall be in the form attached (Appendix “A”)

and shall be accompanied by the following:

(

a) a cheque in the required amount of $5,000 payable to the Board;

(

b) an irrevocable letter of credit from a recognized financial institution in the

amount of $150,000.00 payable to the Board to secure performance and

anticipated financial obligations of the proposed licence holder, or

equivalent financial instrument in the same amount payable to the Board if

such substitution is pre-approved by the Board;

(

c) proof of registration under the Corporations Registration Act , R.S.N.S.

1989, c. 101;

(

d) full legal name, address, phone, fax and e-mail contact information of any

partner(

s) or parent company(

s) or organization(s);

(

e) a listing of the company or organization principals with applicable titles

(proprietor, partner, officer, director or controlling shareholder);

(

f) written consents signed by each proprietor, partner, officer, director and

controlling shareholder authorizing the Board to conduct a credit review, in

accordance with standard business practices;

(

g) written consents signed by each proprietor, partner, officer, director and

controlling shareholder authorizing the Board to consult with all law

enforcement agencies and obtain copies of any records pertaining to

criminal convictions for which a pardon has not been granted, records of

discharge and records of outstanding criminal charges, such consents to

release all such agencies, their members and employees from any and all

actions, claims and demands, loss or injury which may result from the

disclosure of information provided by them;

(

h) audited financial statements covering the two immediately preceding fiscal

years or, if the company or organization has been formed within the

preceding twelve months and audited financial statements are not available

for at least one year, pro forma financial statements signed by the directors

or principals of the company or organization may be substituted;

(

i) a letter of intent from a gas supplier to enter into contract(

s) for gas supply;

(

j) a written description of the applicant’s business background and experience

relating to gas marketing;

(

k) a written description of the applicant’s general plans with respect to gas

marketing; and

(

l) any other information which may be deemed necessary by the Board.

Variance from

Section 4.1

4.2 Any variance from the requirements set out in sections 4.1 shall be formally requested

from and approved by the Board prior to an application being submitted.

Term of Licence

4.3 A gas marketers licence shall have no expiration date but licensees shall be required to

file annual statements on or before the anniversary date of the licence to confirm the

accuracy of information previously filed with the Board regarding that licensee or

provide advice of any changes.

Transfer of Licence

4.4 A gas marketers licence may not be transferred without the written consent of the Board.

Fees and Costs

4.5

(1) The fee for a gas marketers licence application and first year of operation is

$5,000.00 with annual filing fees of $1,000.00 in each successive year.

(2) Fees are payable to the Board when the application for license or annual statement

is filed with the Board.

(3) Costs relating to processing, investigations, infractions, inquiries or enforcement

activities which are incurred by the Board and exceed the fees received from a

licensee shall be reimbursed to the Board by the licensee involved.

Part III—Customer Contracts

5 For customers using 500 gigajoules per year or less, gas marketers shall only use

customer contracts which are approved for use by the Board.

Part IV—Adherence to Codes of Conduct

6 A gas marketer shall adhere to the most recent applicable code of conduct which has

been approved by the Board.

________________________________________________________________

Appendix “A”—Application for a Gas Marketers Licence

made Pursuant to the Board Gas Marketers Regulations

Nova Scotia Utility and Review Board

in the Matter of the Gas Distribution Act

By:

(Full legal name of the company or organization making this application)

(Business location address in Nova Scotia)

(Mailing address - if different from above)

(telephone number)

(fax number)

(email address)

(web site)

1. Has the applicant or any proprietor, partner, officer, director or controlling shareholder

ever filed for bankruptcy?

No ___ Yes ___ (If so, provide full disclosure)

2 Are any judgments unpaid or outstanding against the applicant or any proprietor, partner,

officer, director or controlling shareholder?

No ___ Yes ___ (If so, provide full disclosure)

3 Are any civil, criminal or regulatory proceedings pending against the applicant or any

proprietor, partner, officer, director or controlling shareholder?

No ___ Yes ___ (If so, provide full disclosure)

The information provided in making this application in accordance with the Board Gas

Marketers Regulations (Nova Scotia) is accurate and complete to the best of our knowledge.

Signed and sealed at ___________ in the Province of _________ this ___ of ________ , 200__

_________________________________________________

(Signature and Title)

_________________________________________________

(Signature and Title)

(Seal)

Note: Application must: (

A) provide, in full detail, all information required by the Board

Gas Marketers Regulations using attachments as necessary;

and

(

B) be signed by two (2) officers of the applying company or

organization.

Legislative History

Reference Tables

Board Gas Marketers Regulations

N.S. Reg.

138/2003

Gas Distribution Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Board Gas Marketers Regulations made

under the Gas Distribution Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

138/2003

Aug 1, 2003

date specified

Aug 22, 2003

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Provisions in s. 4.1 numbered as subclauses i to xii in the original

text redesignated as clauses (

a) to (

l) to correct the structure of the

Section for the purposes of this consolidation.

Provisions in s. 4.5 numbered as i to iii in the

original text redesignated as subsections (1) to (3) to correct the structure

of the

Section for the purposes of this consolidation.

References to the Utility and

Review Board should be read as references to the Energy Board under the Energy

and Regulatory Boards Act , S.N.S. 2024, c. 2, Sch A, in accordance with amendments

to the Act made by

Part XV of the Energy Reform

(2024) Act , S.N.S.

2024, c.2, which replace references to the Board in the Act effective on

proclamation (N.S. Reg 233/2024)

Apr 1, 2025

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.